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Selectmen's Meeting Minutes 09/06/05
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting:  September 6, 2005
Date of Transcription:  September 7, 2005
Transcribed by:  Kelly Barrasso

I.      CALL MEETING TO ORDER BY CHAIRMAN

Chairman Sauvageau called the meeting to order at 7:07 P.M.

NOTE:   Chairman Sauvageau asked for a moment of silence for the victims of Hurricane Katrina.

Chairman Sauvageau stated he has spoken w/ the Town Treasurer re:  any problems w/ setting up a donation site for the Red Cross or Salvation Army for those in the community who wish to donate.  He stated the Treasurer foresees no legal issues w/ doing this.  He added that the Board’s office would be looking into accepting clothing, books, games, etc. for those victims that will be staying at Otis.

Selectman Eckstrom asked if the Board could inquire of the Administrator & the Town Collector if it would be possible to house some victims in homes that have been re-possessed by the Town or any residents who have homes that have seasonal conversion homes.  She stated a person who has a seasonal conversion for use could possibly have a waiver of their property taxes for a year.  She stated she would like to help at least ten families.  Discussion ensued.

The Board concurred to have the Administrator & Town Collector look into this matter, although it may be problematic, since the town is not allowed to waive taxes for any reason.

A.      Roll Call

Selectmen Present:      Bruce Sauvageau, Chairman
                        Mary Jane Pillsbury, Clerk
                        Renee Fernandes-Abbott
                        Cindy Parola
                        Brenda Eckstrom

Present:                Michael Hartman, Town Administrator

NOTE:   The meeting proceeded w/ item VIII.  Business – A.  Vote of the Board on the monthly interest rate for pawnbrokers.

Chairman Sauvageau stated the Board met w/ the Banking Commission re:  establishing pawnbrokers’ licenses in the Town.  He stated the Commission requested the Town re-affirm the tax rate for pawnbrokers, but affirm the rate on a monthly basis & place it on a Town Meeting Warrant as an article.  He added that he does not recall why the rate was set at 36%.

Selectman Fernandes-Abbott stated the rate does not appear in the Town’s By-Law & she feels the Commission wants the interest rate to be included on the town meeting warrant as an article.  Chairman Sauvageau said he understood it to be that the Commission wants the Board to vote the monthly interest rate first.

Discussion ensued re:  motion made on the interest rate at a meeting of the Board on 7/20/04.

Selectman Eckstrom asked why the rate was set at 36%.  She stated this rate would aid the pawnbrokers & their sales, but it would not aid the people selling to the pawnbrokers.  Chairman Sauvageau again stated he does not recall why the rate was set at 36%.  He feels that the interest rate of 36% would dissuade people from pawning items.  Selectman Pillsbury feels that the rate of 36% was chosen because a majority of communities charge this rate.  She feels this rate is more of a deterrent.  Selectman Eckstrom feels that 36% helps the pawnbrokers most.  Selectman Pillsbury added that pawnbrokers go where people are most desperate.  Discussion continued.

Selectman Eckstrom suggested dropping the rate to 18% & explained her position.

MOTION: Selectman Pillsbury
I move the maximum monthly rate of interest pawnbrokers may charge is 3% and the maximum annual percentage rate is 36%.  An article will be placed on the warrant for the fall town meeting, to amend the Rules and Regulations for Pawnbrokers in the Town of Wareham By-laws by adding the maximum monthly interest rate and maximum annual interest rate and that the interest rate does not deviate or vary with the amount of the loan.  Selectman Fernandes-Abbott seconded.

VOTE:  (4-1-0)
Selectman Eckstrom opposed

NOTE:   The meeting proceeded w/ item III.  Citizens Participation.

Present before the Board:       Michael Constantine

Mr. Constantine explained that he came before the Board on 6/7/05 to discuss a sign at 6 Dogwood Lane & his request to have the sign removed.  He stated the Board said that Chief Joyce would review the matter & he is present this evening to discuss Chief Joyce’s recommendation.

Chairman Sauvageau stated the Board has correspondence from the Administrator & a copy of Chief Joyce’s correspondence to the Administrator re:  this matter.  He read Chief Joyce’s correspondence to the Administrator into the record, which in short states that no action will be taken due to safety issues.

Mr. Constantine explained that the Board did not authorize the sign.  He stated in 2001, before he moved into his present home, a neighbor complained to the Town because a trash truck ran over her lawn & his home, at that time, had large hedges.  He stated Chief Joyce reviewed the area & in trying to quell the dispute between neighbors, made a compromise & the sign was placed.  He stated the setback was authorized & implemented in 1997.  He stated there was no evaluation or hearing re:  this sign.

Mr. Constantine stated in Chief Joyce’s correspondence, he notes that the only changes that have occurred are the change in ownership of the property.  Mr. Constantine disagreed.  He stated the shrubbery was removed so the previous owner could park on the lawn.  He submitted pictures of the area for the Board’s review.  He expressed concerns re:  no parking area available for his home, only in the front on the lawn.  He stated that Chief Joyce assured him that he would not be ticketed for parking there, but he stated that Chief Joyce would not be the Chief forever.

Mr. Constantine stated another issue brought forward by Chief Joyce is safety.  He stated that Chief Joyce noted that a ladder fire truck could not get around the corner.  He questioned whether this circumstance would ever happen.  He discussed the first response team of the Fire Dept. & the protocol, which usually is that the ladder truck is the last to be called in.  He stated a ladder truck would never come down Fern St. to Dogwood Lane.  He submitted maps of the streets in the area for the Board’s review.

Mr. Constantine stated he does not want to pose a safety issue, but he does not feel there is a safety issue & he does not feel the sign should be there.  He added that there are similar intersections that do not have this signage.  He stated the sign says “No Parking 25 Ft.” w/ an arrow.

Chairman Sauvageau suggested Mr. Constantine obtain documentation, such as a letter of agreement stating that there will be no ticketing for future purposes.  He does not feel the Board has any authority w/ Fire District/Police Dept. matters.  Discussion ensued.  Mr. Constantine stated he is not comfortable w/ a letter of agreement for the future.

Selectman Parola made the following points:
1.      There is no verification of the Board for this sign.
2.      Real estate brokers usually tell their clients there is plenty of parking.
3.      Firefighters, chiefs of police, etc. may do things differently.

Selectman Parola stated one option for the Board is to vote to put signage at all similar intersections & have a 25 ft. setback (treat all areas the same).  She stated you could not predict when the Fire Dept. will come out to this area.  She agrees that Mr. Constantine is being penalized w/ the signage stating 25 ft. setback & others are not.  She feels that every similar intersection should get signage or no one have signage.  Selectman Fernandes-Abbott stated that the plot plan of the area shows several intersections that are similar to Mr. Constantine.  Mr. Constantine added that when he purchased the home, the sign was not there.

Chairman Sauvageau stated the options that have been discussed.

Chairman Sauvageau expressed confusion re:  if there are cars parked there already, why is there a grievance.  Mr. Constantine stated he is afraid of getting a ticket.  Chairman Sauvageau stated that this is a 25 ft. setback zone & it needs to be free for safety apparatus.  He stated Mr. Constantine is already placing cars w/in this zone.  Mr. Constantine stated only one car is in this zone by 12.5 ft.  He stated he only has 50 ft. of frontage.

The Administrator stated that Chief Joyce noted that as long as the cars are off the pavement, everything is O.K.  Chairman Sauvageau stated the Fire Dept. has noted that if this 25 ft. zone is occupied it will create a serious situation.

Selectman Pillsbury stated she understands Mr. Constantine’s concerns, but when it comes to public safety, the Board should heed the recommendations of public safety officials.  She does not feel the Board at this point could order a sign to come down.  She agrees w/ Chairman Sauvageau and his suggestion that Mr. Constantine obtaining a letter of agreement from Chief Joyce, even though Mr. Constantine is parking in some of this zone.

Chairman Sauvageau stated the Town’s safety officials feel there is a public safety issue.  Mr. Constantine again disagreed.

Selectman Eckstrom recommended that Mr. Constantine speak w/ Chief Anderson re:  a review of the matter & possibly Chief Anderson writing a letter.  She stated Chief Joyce is recommending no action based on what Chief Anderson stated.  Mr. Constantine asked if the Board could ask Chief Anderson to review this matter.  Selectman Eckstrom stated no because the Fire District is a separate entity from the Town.

The Board members clarified the suggestions they made to Mr. Constantine.

NOTE:   The meeting proceeded w/ item VI.  Licenses & Permits – A.  Hearing – Application of Franconia Fuel, Co., Inc., 379 Main St., Wareham for an inflammable fluid license for the keeping, storage, & sale of #2 fuel, in accordance w/ the provisions of MGL c.148.

MOTION: Selectman Parola moved to open the hearing.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

Present before the Board:       Mr. Dowdell, Attorney
                                Jack Nelson, Owner

Chairman Sauvageau spoke re:  the Fire Dept. letter dated 7/1/05.  He read said letter into the record.  (Attached as referenced).

Mr. Dowdell stated that Franconia Fuel Co. has had a license for above ground inflammable fluids since 1962.  He stated that approx. one year ago; the tonnage/gallons decreased from 65,000 gallons to 50,000 gallons w/ newer tanks put in.  He stated because of the change, the Fire Dept. requested certain information.  He stated an engineer was hired & testing of the tanks was done.  He stated all requirements and information requested by the Fire Dept. is complete.  He added that there is one outstanding issue to be completed.  He stated that the bio-remediation is on-going & the concrete barrier needs to be placed on the bottom for rainfall.  He clarified that all the information was submitted to the Fire Dept. and they are satisfied.

Selectman Pillsbury asked how much longer the bio-remediation would take.  Mr. Dowdell stated they are waiting for the analysis information to come back.  He estimated this all to be completed w/in the next three months.  Mr. Nelson stated he hopes the work to be done w/ in the next three months, but he cannot guarantee it.

No one spoke for or against the application.

MOTION: Selectman Pillsbury moved to close the hearing.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

Selectman Fernandes-Abbott asked if the Fire Dept. would re-inspect the property when the remediation is complete.  Mr. Dowdell stated he assumes they will.

MOTION: Selectman Pillsbury moved the Board approve the application of Franconia Fuel, Co., Inc., 379 Main St., Wareham for an inflammable fluid license for the keeping, storage, & sale of #2 fuel, in accordance w/ the provisions of MGL c.148 with the condition that Franconia Fuel Co. meet the final approval of the Fire Dept. re:  the bio-remediation & the placement of the concrete barrier w/ no time-frame allotted.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

Selectman Fernandes-Abbott stated that the Board sends notice to the Fire Dept. re:  this motion.

B.      Hearing – Continued from 6/21/05 – Application of G. Lopes Construction, Inc., 565 Winthrop St., Taunton, for an Earth Removal Permit in accordance w/ Division IV, Article II Earth Removal Regulations of the Town of Wareham General By-Laws.

MOTION: Selectman Parola moved to re-open the hearing.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

NOTE:   Selectman Pillsbury excused herself from the discussion because she is an abutter to this property.  She left the table at this time.

Present before the Board:       Bill Madden, GAF Engineering
                                Richard Groll, Sound Technician
                                Mr. Lopes

Chairman Sauvageau stated that he would like the parties present to go into each numerated By-Law section to make sure they have met all the criteria for permit issuance.  He also noted the West Wareham Strategic Planning Committee recommendations re:  this permit.

Mr. Madden proceeded to discuss & display various maps re:  how each of the following criteria will be met to satisfy the Town By-Law:

1.      Lot lines & ownership.
2.      Existing topography.
3.      Proposed contour intervals.
4.      Abutters list.
5.      Adjacent public sites & private ways.
6.      Proper provisions for water supply, sanitary sewer, & temporary/permanent drainage.  (There is no water supply or sanitary sewer required for this project).
7.      Location plan.
8.      Truck traffic routes.
9.      Re-grading.  (Will hydro-seed in fall).
10.     Plan for replacement of six inches of topsoil & re-seeding.  (No topsoil will come off until stabilization is completed).
11.     Hours of operation for lighting.  (No evening work hours).
12.     Proper provisions for traffic & access.  (Applied to MA Highway for use of State roadway).
13.     Lateral support to adjacent properties.
14.     Relation of temporary buildings & equipment to area.

Discussion ensued re:  the future development plans for this site & development requirements.  Mr. Madden feels that the applicant means future building around the area.  He feels the owner of the property asked GAF to prepare the land for a sub-division plan due to a Town Meeting change that will conform to zoning regulations at the time of filing.  He added that the sub-division, as he understands, would be commercial, not residential.

15.     Contour intervals & depths.
16.     Fencing & depth.  (Not proposing fencing, but a buffer zone & berm).
17.     Method of earth removal.

Discussion ensued re:  frequency & duration proposed.  Mr. Madden stated there will be 50 trips p/day w/ 200 working days = 1.7 years.

18.     Distance of excavation to streets & lot lines.
19.     Disposition of tree stumps & boulders.  (No stumps are allowed to be buried on site.  No boulders to be worked on at the site).
20.     Repairing of streets.  (Not using Town roadways, just State highway).
21.     Land restoration.  (Phasing).
22.     Bonding.

Mr. Madden stated there is an approved preliminary plan for a three-lot sub-division (freeze plan).  He stated the site is approx. 16 acres.

Selectman Fernandes-Abbott asked how does a sub-division plan fit into the West Wareham Strategic Planning Committee’s plan.  Mr. Madden stated this was not discussed at their meeting w/ the Committee.

Chairman Sauvageau read the letter from the West Wareham Strategic Planning Committee to the Board into the record.  (Attached as referenced).  Discussion ensued re:  the WWSPC recommendations.

Discussion ensued re:  deceleration & acceleration.  Mr. Madden discussed how this will be accomplished utilizing the paved shoulder of the road.

Selectman Parola asked what additional time would be needed to conduct the permanent restoration, which she doesn’t feel, is included in the timeframe of 1.7 years.  Mr. Madden stated he does not know the vehicle trips needed for the restoration, but the timeframe will be less than the earth-removing project.  Mr. Lopes added that the restoration project is the easiest part.  He added that the whole project would go more than two years.  Mr. Madden stated that they had originally asked for a three-year permit.  Selectman Parola stated that the Town issues this type of permit for longer than three years.

Selectman Fernandes-Abbott expressed concern re:  everything being proposed for this area w/in the next three years & its impact to residents in this area, for example, traffic, trucks, noise, etc.

Present before the Board:       Beverly Guinan, Great Hill Association President

Ms. Guinan expressed concern re:  traffic.  She stated she obtained six months worth of accident reports for the area & there have been 68 accidents w/in this period.  

Ms. Guinan discussed the proposed hours of operation for this project as well as the number of trips that were first proposed/discussed.  She stated at the WWSPC meeting, Mr. Madden stated that there would be 25 trucks, not 50.  Chairman Sauvageau stated that there would be 50 trucks maximum depending on a variety of factors.

Ms. Guinan expressed concern re:  trucks decelerating & accelerating on this roadway due to the width changes near the mobile home park & Tobey Rd.  Mr. Madden stated there is a paved shoulder on the roadway that could be utilized by trucks going into the area w/out hindering other traffic.  Selectman Eckstrom stated, as she understands, trucks will be entering right & leaving right.  Mr. Madded explained entering & leaving on the map.
Selectman Parola feels Ms. Guinan is most concerned that the shoulder is not the same width all the way along the roadway.  The Administrator discussed the intent of the WWSPC recommendation to have right turns only while entering & leaving the site.

Ms. Guinan expressed concern re:  boulders.  Mr. Lopes stated no crushing or breaking down of boulders would occur on site.

Present before the Board:       Michael Martin, Wareham Water Dept. Superintendent

Mr. Martin spoke re:  the Wareham Water District’s water tower in this area.  He stated the analysis shows that there are no immediate issues w/ the proposed project.  He proposed that a condition be imposed requiring a $1 million policy be taken out for any damage done to utilities or the tower & having the Wareham Water District be named as additional insured on the policy.  Mr. Lopes stated he is not opposed to this request & the insurance company will need an inspection of the tank anyway.

MOTION: Selectman Parola moved to close the hearing.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

Selectman Parola discussed be addressed as conditions for this permit:
1.      No rock crushing activities.
2.      Retain natural slope.
3.      Bonding of $15,000 p/acre.
4.      Hours of operation:  either 8:00 A.M. to 4:00 P.M. or 8:00 A.M. to 3:00 P.M.
5.      Insurance policy for Wareham Water District.
6.      No queuing or caravans.
7.      Pending MA Highway approval.
8.      Maximum of 50 trips per day:
9.      Review at end of Phase I or at the end of one year, whichever comes first.
10.     Signage indicating deceleration/acceleration.

Mr. Madden expressed concern w/ Selectman Parola’s proposal for hours of operation.  Selectman Parola stated there is a residential area next to the site & she feels a 7:00 A.M. start is too early for them.  She feels the Planning Board, Zoning Board, & the By-Laws do not address when things start/stop effectively.  She feels a 7:00 A.M. start time is unreasonable.  Mr. Lopes stated he could compromise w/ a start time of 7:30 A.M.  Chairman Sauvageau stated the only issue w/ shortening the hours is that it will prolong the project.  Selectman Parola stated that the project is already a long one & it is likely to be extended.  Selectman Eckstrom feels that 7:30 A.M. could be a good compromise.  Discussion ensued.  

Discussion ensued re:  50 trucks coming in & 50 trucks going out.  The Administrator feels this equals 100 trips.  Mr. Lopes clarified that only are 50 loads will be going out.

Selectman Parola stated another condition should be that periodic inspections be made to the water tower, mobile home park, etc.

C.      MOTION: Selectman Parola moved & Selectman Fernandes-Abbott seconded that the Board approve the application of G. Lopes Construction, Inc., 565 Winthrop St., Taunton, for an Earth Removal Permit in accordance w/ Division IV, Article II Earth Removal Regulations of the Town of Wareham General By-Laws w/ the following conditions:
1.      No rock crushing.
2.      Maintain a bond for the Town of Wareham: $15,000 p/acre.
3.      Hours of operation are 7:30 A.M. to 4:00 P.M.
4.      No queuing or caravans
5.      Contingent on approvals by the Massachusetts State Highway
6.      Maximum of 50 loads per day.
7.      Two-year permit subject to review upon completion of Phase 1 or after one year, whichever comes first
8.      Maintain a $1 million liability policy naming the Wareham Water District
9.      No vehicles may park or stop on the highway
10.     Right turns only in & out of site as identified in the plan.
11.     Street sweeping as presented by the contractor in the plan
12.     Assume costs incurred by the town for monitoring by either consultants hired by the town and/or Town staff.
13.     Work with and maintain communication with residential abutters should any issues arise.

VOTE:  Unanimous (4-0-0)

NOTE:   Selectman Pillsbury returned to the table at this time.

D.      Application by Narrows Crossing Restaurant, One Narrows Rd., Wareham, Robert Nawoichik, Manager for change of hours, under the provisions of MGL c.138.

Present before the Board:       Robert Nawoichik

Mr. Nawoichik stated he would like to close on Tuesdays in the winter for general maintenance.  Selectman Pillsbury read the hours of operation into the record.

E.      MOTION: Selectman Pillsbury moved the Board approve the application by Narrows Crossing Restaurant, One Narrows Rd., Wareham, Robert Nawoichik, Manager for change of hours, under the provisions of MGL c.138 with hours to be as read into the record.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

II.     CDM UPDATE

Present before the Board:       Michael Guidice, CDM

Mr. Guidice updated the Board on various projects.  (Report attached as reference).

Mr. Guidice discussed pumping issues that have been resolved at the Wareham Water Pollution Control Facility.

Selectman Pillsbury stated that the Town received a letter from Methuen Construction stating it will hold the Town harmless for sub-workers, but not for themselves.  The Administrator stated he does have this documentation holding the Town harmless for Methuen Construction & it is included in the backup information on the change order.  Brief discussion ensued.  The Administrator stated Town Counsel has approved the letter.

Mr. Guidice briefly discussed blower issues & noise at the WWPCF.  He stated silencers are installed now on the blowers.

Discussion ensued re:  if assessment costs will be ready for the Briarwood Beach sewer project when the Board meets w/ residents.  The Administrator stated that when the bid documentation & appropriations are in, an assessment will be made, but the paving & drainage costs will not be known for a while.

Chairman Sauvageau asked if the Board should delay the process of meeting w/ residents until more firm figures are known.  The Administrator stated there is an order of conditions for the sewer, but there is a need to start planning for the paving, which after that this matter will go before the Conservation Commission.  He estimates more firm figures in three to six months.

The Board members concurred to delay a meeting w/ the residents until more firm figures are known.

III.    CITIZENS PARTICIPATION
(DONE)

IV.     CONSENT AGENDA

A.      Authorization to sign bills, documents, etc. (NONE)
B.      Approve minutes from previous regular session:  8/16/05.

MOTION: Selectman Pillsbury moved the Board approve the regular session meeting minutes of 8/16/05.  Selectman Parola seconded.
VOTE:  Unanimous (5-0-0)

C.      Appointments:  Old Colony Elderly Services Board of Directors & West Wareham Strategic Planning Committee.

MOTION: Selectman Pillsbury moved the Board appoint Constance Perry & Dennis Allen as alternate members to the Old Colony Elderly Services Board of Directors to terms to expire 8/30/06.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board appoint Deborah Bell & Earl Dalrymple as members to the Old Colony Elderly Services Board of Directors to terms to expire 8/30/06.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board appoint Michael Ponte as a member to the West Wareham Strategic Planning Committee (Conservation Commission Rep) to a term to expire 6/30/07.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

V.      TOWN ADMINISTRATOR’S REPORT

1.      WPCF Upgrade Project – Change Order #16.  Asked the Board to approve Change Order #16 for the WPCF upgrade project.  The WPCF Design Committee has reviewed & approved this & recommended it be sent to the Board for approval.  The amount of the Change Order is $505,872.00.

The Administrator asked the Board to note page 13 of 19, Part 38, Final Change Order (PCO #209 through 228) that reads as follows:  “The contractor shall provide all labor, equipment & materials needed to furnish & install all work necessary, but not yet identified related to electrical, process piping, instrumentation, site, architectural & structural work in accordance w/ the Methuen Construction letter dated July 11, 2005.  Methuen Construction Company shall relieve the Town of Wareham of any & all, known & future, claims made by any sub-contractor, vendor or supplier.  The work of this change is comprised of 21 parts & shall be performed for the agreed upon lump sum price of $122,892.00.”  This is the final change order for this project.

Selectman Pillsbury stated the WPCF Design Committee reviewed this Change Order thoroughly.  She stated the Committee feels the Change Order should be approved to avoid redundancy.  The Administrator stated that this Change Order includes extra work requested for the septage receiving station.

MOTION: Selectman Pillsbury moved the Board approve Change Order #16 for the Water Pollution Control Facility upgrade project #M02-03 for $502,872.00.  Selectman Fernandes-Abbott seconded.

VOTE:  (4-1-0)
Selectman Parola opposed

2.      Special Town Meeting.  The Zoning Re-write Committee has requested, through the Administrator, that the Board establish a Special Town Meeting.

Chairman Sauvageau stated the Committee has an article that needs time to hammer out relative to the transfer of development rights.  Discussion ensued.  Selectman Parola stated that the WWSPC would also have an article for the Special Town Meeting warrant.

Discussion ensued re:  other possible articles for the Special Town meeting Warrant.

Chairman Sauvageau suggested a letter be sent to Representative Williams-Gifford re:  the BDOD status at the State level.  The Board members concurred.

Selectman Pillsbury read the Special Town Meeting dates into the record.  (Attached as referenced).

MOTION: Selectman Pillsbury moved the Board establish a Special Town Meeting for 10/24/05 at 7:30 P.M. & to establish the dates as read into the record for said meeting.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Parola moved the meeting go beyond the hour of 10:00 P.M.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

3.      CDM Contract Amendment #4.  Asked the Board to approve Amendment #4 to the 4/2/02 contract w/ CDM.  This will increase the estimated cost for engineering services from $498,690 to $546,190.  The reason for the change is the completion date extension by Methuen Construction from 8/3/05 to 9/30/05 & CDM will need the additional money to continue to provide engineering services.

MOTION: Selectman Pillsbury moved the Board approve Amendment #4 to the 4/2/02 agreement w/ CDM for increased engineering services listed in Exhibit A, page A4 of A6, “Basic Service Budget Estimate” in Section 2.3, from $498,690 to $546,190 & authorize the Chair to execute said amendment on behalf of the Board.  Selectman Fernandes-Abbott seconded.

VOTE:  (4-1-0)
Selectman Parola opposed

4.      Budget Transfers in Accordance w/ Municipal Relief Act.  As the Board is aware, under the Municipal Relief Act, the Town is permitted to transfer 10% of a department budget that is unused to other department budgets to cover deficits w/ the approval of the Board of Selectmen & the Finance Committee.  The transfers total $112, 909, which the Finance Committee has already approved.

The Administrator read the transfer amounts into the record.  (Attached as referenced).

MOTION: Selectman Pillsbury moved the Board approve the attached transfers.  Selectman Fernandes-Abbott seconded.

VOTE:  (3-1-1)
Selectman Eckstrom opposed
Selectman Parola abstained

5.      Cromesett Area Signage.  Residents of the Cromesett area have requested the town to install various signs in the area due to the increase in traffic caused by the new developments in the area.  Chief Joyce was asked to look at the requests & offer recommendations for the Board to review.  Chief Joyce & the Municipal Maintenance Dept. will continue to monitor the situation & may possibly install other signs later, such as Children At Play and/or Thickly Settled in other areas of the neighborhood if deemed appropriate.

Other changes that the residents requested are not recommended.  The Administrator concurs w/ the Chief’s recommendations & asked the Board to authorize the addition of signage in the Cromesett area as presented.

MOTION: Selectman Pillsbury moved & Selectman Fernandes-Abbott seconded for the Board to approve the installation of signs as noted below:

·       One STOP sign on Parker Dr. at Terry Lane.
·       One STOP sign on Christopher Dr. at Terry Lane.
·       One THICKLY SETTLED sign on Christopher Dr. just before Wright Lane, heading into the neighborhood, and
·       One  STOP sign on Camardo Dr. at Daniel Rd.

VOTE:  Unanimous (5-0-0)

6.      Prohibited Parking – Onset Ave. at Sycamore St.  Chief Joyce has looked into the parking along Onset Ave. on the north side from Locust St. to North Water St & the south side of Sycamore St. to the crosswalk & recommends that these areas be changed to prohibit parking.  Currently, parking is prohibited along the north side of Locust St. to the telephone pole opposite Sycamore St., but allowed from the telephone pole to North Water St.  Parking is also allowed on the south side from Sycamore St. to the crosswalk.  These situations have caused vehicular traffic to have to cross the centerline in order to go around parked vehicles, which is not a safe situation.  There is off-street parking for the apartment house & parking is allowed on both Sycamore St. & North Water St.  The Administrator agrees w/ the recommendation by Chief Joyce & asks the Board to approve the changes.

Chairman Sauvageau questioned the timing of this letter and asked the Board to delay action.  He feels this will affect a business that will be coming before the Board for a remand hearing & he does not want any confusion.  He feels the remand hearing should be dealt w/ first, then this matter.

Discussion ensued re:  safety issues on this stretch of roadway, which has been problematic for a while.

Selectman Pillsbury feels this matter will affect this area, but it needs to be discussed.  Chairman Sauvageau stated that this matter can be part of the discussion at the remand hearing, but he does not want to lose sight of the issues involved w/ the remand hearing.  Discussion ensued.

The Administrator stated he withdraw this matter until further notice.

The Administrator added that w/ re:  to the matter w/ Mr. Constantine, Chief Joyce will be looking at other intersections as well.

VI.     LICENSES & PERMITS
(DONE)

VII.    ANNOUNCEMENTS

A.      The next meeting of the Board of Selectmen will be held on 9/13/05.
B.      The last day to submit petition articles for the Fall Town Meeting Warrant is Friday, September 9, 2005 in the Selectmen’s office.

VIII.   BUSINESS

A.      Done
B.      Any other business.
(NONE)
IX.     SELECTMEN’S REPORTS
(NONE)

X.      ADJOURNMENT

MOTION: Selectman Pillsbury moved at 10:16 P.M. to enter into Executive Session with the purpose of discussing litigation.  Selectman Parola seconded.

POLLED VOTE:    Selectman Parola – Yes
                        Selectman Fernandes-Abbott – Yes
                        Selectman Pillsbury – Yes
                        Selectmen Eckstrom – Yes
                        Selectman Sauvageau – Yes

VOTE:  Unanimous (5-0-0)

NOTE:   Chairman Sauvageau stated the Board would not be coming back into open session.

Respectfully submitted and transcribed by,

Kelly Barrasso
Kelly Barrasso

The Board of Selectmen/Sewer Commissioners approved the foregoing minutes on 11/8/05.

Attest: Mary Jane Pillsbury
        Mary Jane Pillsbury, Clerk
        BOARD OF SELECTMEN/SEWER COMMISSIONERS

Date signed:  November 8, 2005